Shri Waghu S/O Bapurao Khatke ... vs The State Of Maharashtra Through ...
2016 Latest Caselaw 443 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                              
                               NAGPUR BENCH, NAGPUR




                                                                               
                             FIRST APPEAL STAMP NO.12365 OF 2015

               Shri Waghu s/o Bapurao Khatke,
               [Since deceased through his legal
               heirs]




                                                                              
     1]        Vishnu s/o Waghu Khatke,
               Aged about 30 years.




                                                           
     2]        Smt. Ratnabai wd/o Waghu Khatke,
               Aged about 55 years.ig
               Both are residents of Botha,
               Tahsil Mahagaon, District Yavatmal.                                         ....... APPELLANT
                                 
                                                ...V E R S U S...

     1]        The State of Maharashtra through the
      

               Collector, Yavatmal.
   



     2]        The Special Land Acquisition Officer,
               Lower Pus Project, Pusad,
               District Yavatmal.





     3]       The Executive Engineer,
              Minor Irrigation Division Pusad,
              District Yavatmal.                                          ....... RESPONDENTS
     ----------------------------------------------------------------------------------------------------
              Shri K.S. Narwade, Advocate for Appellant.





              Shri M.A. Kadu, A.G.P. for Respondent Nos.1 & 2.
              Shri S.G. Jagtap, Advocate for Respondent No.3.
     ----------------------------------------------------------------------------------------------------

                          CORAM:  R.K. DESHPANDE, J. 

                          DATE:      8 th     
                                          
                                            MARCH, 2016.

     ORAL JUDGMENT



     1]                   Admit.


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      2]                       Heard finally by consent of the learned counsels appearing




                                                                                                                   
      for the parties.




                                                                                    
      3]                       The controversy involved in the present case is covered by

the common judgment and order dated 26.02.2013 delivered in First

Appeal No.1639 of 2008 along with connected matters, so also by the

decision of this Court delivered on 07.12.2015 in First Appeal No.659 of

2015. The claimants are held entitled to compensation at the rate of

Rs.1,75,000/- per hectare. The present appeal arises out of the same

notification, same award, and the same judgment delivered by the

Reference Court. Hence, the appeal is required to be allowed for the

reasons stated in the aforesaid judgment, and it is held that the claimant

shall be entitled to compensation at the rate of Rs.1,75,000/- per

hectare.

4] In the result, the appeal is allowed. The claimant is held

entitled compensation at the rate of Rs.1,75,000/- per hectare. All the

statutory entitlements shall follow on that basis except that the appellant

shall not be entitled to interest for the period from 16.07.2007 till this

date.

JUDGE

NSN